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SAF CDM CBP 01 2018 v6 Canadian Model
SAF CDM CBP 01 2018 v6 Canadian Model
CANADIAN MODEL
FOR PROVIDING A
SAFE WORKPLACE
Version 6.0 – July 1, 2018
Introduction .......................................................................................................................................... 1
Alcohol and drug guidelines ...................................................................................................................... 2
Alcohol and drug work rule ................................................................................................................. 2
Roles and responsibilities ................................................................................................................... 2
Education and awareness .................................................................................................................. 3
Model alcohol and drug policy .................................................................................................................. 4
1.0 Guideline for applying the policy............................................................................................... 4
2.0 Key elements of an alcohol and drug policy ............................................................................. 4
3.0 Alcohol and drug work rule ....................................................................................................... 5
4.0 Implementation of the alcohol and drug work rule .................................................................... 7
4.1 Education ....................................................................................................................... 7
4.2 Self-help ......................................................................................................................... 7
4.3 Possession of alcohol and drugs ................................................................................... 8
4.4 Reasonable grounds testing........................................................................................... 8
4.5 Incident testing ............................................................................................................... 8
4.6 Random testing .............................................................................................................. 9
4.7 Site-access testing ......................................................................................................... 9
4.8 Requirements for alcohol and drug testing programs .................................................... 9
4.9 Alcohol and drug testing results ................................................................................... 10
4.10 Assistance of a representative ..................................................................................... 11
5.0 Consequences of failure to comply with the alcohol and drug work rule ............................... 11
5.1 Employer responses to violations ................................................................................ 11
5.2 Violation of section 3.1(b) of the alcohol and drug work rule ....................................... 11
5.3 Violation of sections 3.1 (a), (c), or (d) ......................................................................... 12
5.4 Owner responses to violations ..................................................................................... 12
5.5 Bargaining agent or labour provider responses to violations ....................................... 13
6.0 Definitions ............................................................................................................................... 13
APPENDIX A – Alcohol and drug testing procedures ........................................................................A-1
APPENDIX B – Substance abuse expert assessments ......................................................................B-1
APPENDIX C – Guide for identifying safety-sensitive positions ......................................................C-1
APPENDIX D – Independent legal opinion ..........................................................................................D-1
APPENDIX E – Independent medical opinion .....................................................................................E-1
INTRODUCTION The Canadian Model is about people – primarily,
protecting workers and the public against safety
The purpose of the Canadian Model for risks. It is also about doing the right thing in the
Providing a Safe Workplace (Canadian Model) is right way, respecting the dignity and privacy of
to contribute to a safe workplace for all workers workers, and striving to assist individuals who
by reducing the risks associated with the are afflicted by substance abuse disorders.
inappropriate use of alcohol and drugs. It is a
best practice alcohol and drug policy that In 2017, after many years of promoting similar
stakeholders across Canada can adopt and alcohol and drug policies, the Construction
follow as an integral part of an overall safety and Owners Association of Alberta (COAA) and
loss management policy. The Canadian Model Energy Safety Canada partnered to develop a
aims to articulate minimum industry expectations common approach. This Version 6 of the
for a safe workplace, while recognizing that Canadian Model, which is the result of their
some companies may require higher or collaboration, now applies uniformly to the
alternative standards based on the specific Canadian construction and maintenance sector
nature of their operations. and the oil and gas sector. COAA and Energy
Safety Canada gratefully acknowledge the
This Canadian Model can also be used as a tool forward-thinking industry leaders and dedicated
for improving safety through education and stakeholder representatives who worked
personal commitment. Awareness training for diligently to realize this vision.
management, labour providers, bargaining
agents, supervisors and workers is key to
ensuring commonality and clarity across sites.
Mentoring relationships between more
experienced and less experienced companies
will maximize the effectiveness of this model
policy and make safer workplaces for all.
(a) Has failed to comply with the alcohol (a) Take such steps as are necessary to
and drug work rule, ensure that the employee is fit for
duty and presents no risk to himself
(b) Has been requested to confirm or herself or to others at the company
compliance with the alcohol and drug workplace, and
work rule under section 4.3,
(b) Inform the employee of the
(c) Has been requested to submit to an assistance available under an EAP,
alcohol and drug work test under and
section 4.4, 4.6 or 4.7, or
(c) Encourage the employee to utilize an
(d) Has been involved in an incident EAP, which may assist the
referred to in section 4.5. employee, and
4.2.5 A person providing assistance under an 4.4.1 If the supervisor or manager has
EAP in respect to an employee’s use of reasonable grounds to believe that an
alcohol or drugs, including a case employee is or may be unable to work in a
manager, shall advise the employee that safe manner because of the use of
should he or she become aware of a alcohol or drugs, then the supervisor or
failure of the employee to comply with the manager of that employee must request
terms and conditions of a program that he or she submit to alcohol and drug
established to help the employee and/or testing under section 4.8. In the event that
that the employee presents a serious and a level of management above this
imminent risk to himself or herself or to supervisor or manager is readily available,
others at the company workplace, he or they must also be included in the decision.
she must inform the employer of the
failure to comply with the terms and 4.4.2 A supervisor or manager of an employee
conditions and/or of the safety risk. must provide to the employee the reason
for the request for testing under section
4.2.6 An employee who receives assistance 4.4.1.
from the EAP on account of his or her use
of alcohol and drugs must comply with the 4.5 Incident testing
terms and conditions of any program
established to help the employee as a 4.5.1 If a supervisor or manager has reasonable
condition of his or her continued grounds to believe that an employee was
employment. involved in an incident, then he or she
must request that the employee submit to
4.2.7 An employee who is at work and has alcohol and drug testing under section
sought assistance or enrolled in an EAP 4.8. In the event that a level of
must comply with section 3.0. management above this supervisor or
manager is readily available, they must
also be included in the decision.
5.2.2 In addition to disciplining or terminating for 5.3 Violation of sections 3.1 (a), (c), or (d)
cause the employment of an employee If a company decides to discipline or
who fails to comply with section 3.1(b) of terminate for cause the employment of an
the alcohol and drug work rule, the employee who fails to comply with
employer may give written notice to that sections 3.1(a) or (c) or (d) of the alcohol
person that the person will not be re- and drug work rule, the employer shall
employed again by the employer unless refer such employee to an SAE and shall
the person provides the employer with the notify the bargaining agent or labour
following: provider, if the employee has one, of such
referral.
(a) A certificate issued
(i) By the treatment program 5.4 Owner responses to violations
service provider certifying that
the person who was terminated 5.4.1 The owner of a site where a person was
has successfully completed its working when he or she failed to comply
rehabilitation program and with the alcohol and drug work rule may
continues to comply with all the give the person who failed to comply with
requirements of the the alcohol and drug work rule written
rehabilitation program, or notice that he or she shall not enter the
(ii) By a licensed physician with owner’s site.
knowledge of substance abuse
disorders certifying that the 5.4.2 The owner of a site where a person was
person who was terminated is working when he or she failed to comply
able to safely perform the duties with the alcohol and drug work rule may
he or she will be required to give that person who has been denied
perform if employed by the permission to enter its site under section
company, or 5.4.1 written notice that the person may
(iii) By an SAE or program case enter the owner’s site if
manager, and
(a) A company engaged in work at the
owner’s site, or
(m) Incident: An occurrence, circumstance, (r) Non-prescription drugs: Drugs that can
condition or near miss that caused or had be lawfully purchased without a
the potential to cause damage to person, prescription.
property, reputation, security or the
environment. (s) Owner: The person in legal possession of a
work site, or their delegate that controls
activity on the work site (e.g. another
person acting as operator, licensee, lease-
holder or prime contractor).
8. If the test result shows an alcohol level that 7. The BAT reads the test result on the device
is less than 0.020 grams of alcohol per 100 and shows the donor the result displayed. If
millilitres of oral fluid or an equivalent the confirmation test result is equal to or in
concentration in other units, the STT excess of 0.020 grams per 210 litres of
informs the donor that there is no need to breath, the BAT will do an external
conduct any further alcohol testing and calibration check (accuracy check) to
reports the result in a confidential manner ensure the device is in working order. The
to the designated employer representative. BAT ensures that the test result is recorded
While the initial communication need not be on the alcohol testing form. The BAT
in writing, the STT must subsequently verifies the printed results with the donor.
provide a written report of the test results to
the designated employer representative. 8. After the donor provides a breath sample,
the BAT completes the part of the alcohol
9. If the test result shows an alcohol level that testing form that is to be completed and
is equal to or greater than 0.020 grams of asks the donor to do so as well.
alcohol per 100 millilitres of oral fluid or an
equivalent concentration in other units, the
3. The collection site person must establish 12. The collection site person inspects the
the identity of the donor. Government or specimen and notes on the custody and
employer-issued photo identification is control form any unusual findings.
preferable. Positive identification by a
company representative who holds a 13. If the temperature of the specimen is
supervisory position is acceptable. outside the acceptable range or there is
evidence that the specimen has been
4. The donor must remove coveralls, jacket, tampered with, the donor must provide
coat, hat or any other outer clothing and another specimen under direct observation
leave these garments and any bags or in accordance with U.S. DOT rules and
other personal items with the collection site regulations by the collection site person or
person. another person if the collection site person
is not the same gender as the donor.
5. The donor must remove any items from his
or her pockets and allow the collection site 14. The collection site person splits the urine
person to inspect them to determine that no specimen into two specimen bottles. One
items are present that could be used to bottle is the primary specimen and the other
adulterate a specimen. is the split specimen.
6. The donor must give up possession of any 15. The collection site person places a tamper-
item that could be used to adulterate a evident bottle seal on each of the specimen
specimen to the collection site person until bottles and writes the date on the tamper-
the donor has completed the testing evident seals.
process. Clear evidence of an attempt to
adulterate or substitute is a refusal to test 16. The donor must initial the tamper-evident
and ends the collection process. bottle seals to certify that the bottles contain
the urine specimen the donor provided.
7. The collection site person may set a
reasonable time limit for providing a urine
specimen.
24. Laboratory personnel conduct a 30. Should the laboratory fail to reconfirm the
confirmatory test on specimens identified as split specimen results, the MRO will provide
positive by the initial screening test. The direction to the designated employer
confirmatory test uses approved gas representative.
chromatography or liquid chromatography
(GC or LC) and mass spectrometry
techniques.
9. The collection site person places a tamper- 18. Laboratory personnel conduct a
evident seal on the specimen collection confirmatory test on specimens identified as
device. positive by the initial screening test. The
confirmatory test uses approved GC or LC
10. The collection site person records the date, and mass spectrometry techniques.
and has the donor initial the seal on the
specimen. 19. A certifying scientist reviews the test results
before certifying the results as an accurate
report.
The matrix shown in Table C-2 illustrates a Use the following or an equivalent methodology
logical framework that can be used as a safety- to identify positions that are safety-sensitive or
sensitive assessment tool for on-site positions. risk-sensitive. Summarize safety-sensitive
While companies should adapt the matrix to their positions and risk-sensitive positions (if any) to
own circumstances, including work activities and identify applicability of the Canadian Model (as
environments consistent with their operations, required in section 1.0).
care should be taken not to reduce the severity
of the activities and environments currently
represented in the table.
E1 Non-operating
locations
Minor risk
operations (identified
hazards, low density Non-safety-
of workers) sensitive
E2
(typical Potentially
• Brownfield site
circumstances) safety-sensitive
• Pipeline right-of-
(evaluate specific
way (ROW)
circumstances,
Considerable risk designate either
Work environment – General exposure to risks
operations safety-sensitive or
• Production facilities non-safety-sensitive)
E3
• Pipeline com-
pressor/pump
stations
Major risk
operations
• Rig sites, fracking
sites
• Proximity to moving Safety-sensitive
E4 and/or (higher) (typical
energized circumstances)
equipment
• Proximity to
environmentally
sensitive areas
Construction sites By industry agreement,
E5
Turnaround sites all construction sites, all
maintenance or
Driving turnaround sites and the
E6 (on company activity of driving are
business) considered safety-
sensitive environments
Remote sites
(long emergency
E7
response time)
Working alone
21(1) An organization may disclose personal (a) the personal information that is
employee information about an being disclosed was collected by
individual without the consent of the the organization as personal
individual if employee information, and
(a) the information is disclosed solely (b) the disclosure is reasonable for
for the purposes of the purpose of assisting that
(i) establishing, managing or employer to determine the
terminating an employment individual’s eligibility or suitability
or volunteer-work for a position with that employer.
relationship, or
(ii) managing a post- (3) Nothing in this section is to be
employment or post- construed so as to restrict or otherwise
volunteer-work relationship, affect an organization’s ability to
between the organization disclose personal information under
and the individual, section 20.
(b) that the employer’s workers are (b) performs a new work activity,
aware of their rights and duties uses new equipment or performs
under this Act, the regulations and new processes, or
the OHS code and of any health
and safety issues arising from the (c) is moved to another area or work
work being conducted at the work site.
site,
(3) Every employer shall cooperate with
(c) that none of the employer’s any person exercising a duty imposed
workers are subjected to or by this Act, the regulations and the
participate in harassment or OHS code.
violence at the work site,
(4) Every employer shall comply with this
(d) that the employer’s workers are Act, the regulations and the OHS code.
supervised by a person who
(i) is competent, and 37(1) An employer who employs 20 or more
(ii) is familiar with this Act, the workers shall establish, in consultation
regulations and the OHS with the joint work site health and
code that apply to the work safety committee, a health and safety
performed at the work site, program that includes, at a minimum,
the following elements:
(e) that the employer consults and
cooperates with the joint work site (a) a health and safety policy that
health and safety committee or states the policy for the protection
the health and safety and maintenance of the health
representative, as applicable, to and safety of workers at the work
exchange information on health site;
and safety matters and to resolve
health and safety concerns, (b) identification of existing and
potential hazards to workers at
(f) that health and safety concerns the work site, including
raised by workers, supervisors, harassment, violence, physical,
self-employed persons and the biological, chemical or radiological
joint work site health and safety hazards and measures that will be
committee or health and safety taken to eliminate, reduce or
representative are resolved in a control those hazards;
timely manner, and
(c) an emergency response plan;
1. Please note that this opinion is based on 14. Canadian Model, at s 4.5.
the current state of the law. Many cases on
alcohol and drug testing are currently under 15. Canadian Model, at ss 4.6-4.7.
appeal. The law in this area continues to
evolve and our opinion may change 16. Canadian Model, at s 2.1.
depending on the outcome of any future
decisions. This opinion does not address 17. Canadian Model, at s 5.0.
any of the appendices.
18. Canadian Model, at s 5.1.
2. Alberta Human Rights Act, RSA 2000, c A-
25.5. 19. Canadian Model, at s 3.1(b).
12. Canadian Model, at s 4.2.1. See also 24. See for instance: Chiasson v Kellogg Brown
Canadian Model, at s 4.2.2: Employees and Root (Canada) Company, 2005 AHRC
who believe they are unable to comply with 7 (AB Human Rights Panel, 2005-06-07),
the work rule must seek help by taking such rev’d 2006 ABQB 302, aff’d 2007 ABCA
steps as are necessary to ensure he/she 426, leave to appeal to SCC refused, [2008]
presents no safety risk to himself/herself or SCCA No. 96 (Chiasson).
to others at the workplace.
44. A subset of personal information is personal 59. Occupational Health and Safety Code,
employee information. Employers may 2009 (the OHS Code), at s 1.
collect, use or disclose employees’
personal information without consent if it is 60. OHS Code, at ss 1, 7, 9(1).
reasonably necessary to establish, maintain
or terminate an employment relationship 61. Criminal Code, at s 217.1: Every one who
(PIPA, at ss 15, 18, 21). undertakes, or has the authority, to direct
how another person does work or performs
45. Canadian Model, at s 4.8.1. a task is under a legal duty to take
reasonable steps to prevent bodily harm to
46. Canadian Model, at ss 4.8.1, 4.8.5. that person, or any other person, arising
from that work or task.
47. Canadian Model, at s 4.8.5.
62. R. v Metron Construction Corp., 2012
48. Canadian Model, at s 3.1(b)(ii). ONCJ 506, at para 7 (Metron QB) rev’d by
2013 ONCA 541 (Metron CA).
49. Canadian Model, at s 4.8.3, Appendix A.
63. Metron QB, at para 10.
50. Canadian Model, at ss 4.8.3, 4.8.5,
Appendix A. 64. Metron CA, at para 13.
51. Canadian Model, at ss 4.8.1, 4.8.2, 4.8.3, 65. Metron CA, at paras 115 and 120; Criminal
Appendix A. Code, at s 217.1.
52. Vancouver Shipyards Co. v UA, Local 170 66. Canadian Model, at s 4.8.5.
(2006), 156 LAC (4th) 229 (Hope)
(Vancouver Shipyards). 67. Canadian Model, at s 6.1(i).
54. Canadian Model, at s 4.9.1, Appendix A. 69. Canadian Model, at Appendices A and B.
For example, researchers have found that It is worth noting that Table E-1 represents the
medicinal marijuana prescribed at therapeutic scope of possible effects and that each
doses poses a risk to driving (Bosker et al., individual is unique. Extending past acute
2012). The challenge for practitioners is how to intoxication, it is also important to highlight that
interpret medical, legal and regulatory opinions the cycle of use involving intoxication to
when diagnosing marijuana dependence/ hangover effects and the prolonged adverse
addiction and determining workplace safety effects after binge consumption have relevant
risks. It is anticipated that the growth, sale, implications for workplaces. Such health and
possession and consumption of marijuana use performance consequences can include fatigue,
will be legalized in 2018 by the Government of falling asleep at work, reduced alertness,
Canada. In the absence of any new scientific increased human errors, and decreased
evidence on marijuana use and the attendant cognitive and psychomotor functioning (Ames,
risks of workplace impairment, there is no Grube, & Moore, 1997; Hunter & Francescutti,
rationale at present to change either the drug 2013). For example, heavy marijuana users
panel maxima or the overarching principle upon have more cognitive deficits than former or
the legalization of marijuana in Canada. Data never/light users at zero, one, seven and 28
from some jurisdictions in the U.S. that have days post-abstinence, and marijuana users who
already legalized the use of marijuana have used for more than five consecutive years but
shown an increase in injuries (Injury Prevention have been abstinent for an average of two years
Centre, 2018). still experience persistent attention deficits (Bolla
et al., 2002; Raphael et al., 2005).
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